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O-1 Visas for Extraordinary Ability

Have you found an individual that you would like to hire that has demonstrated extraordinary ability in fields such as science, education, business, arts or athletics? This is the visa for you.

O-1A

For individuals in the fields of science, education, business, or athletics. Qualifying for the O-1A requires showing substantial documentation that the individual has sustained national or international acclaim. Common ways to show extraordinary ability include:

1. Awards and Recognition: Evidence of major internationally or nationally recognized
awards such as a Nobel Prize, Academy Award, or Olympic medal.

2. Published Materials: Articles or papers about the individual's work published in major media
outlets, trade journals, or academic publications.

3. Original Contributions: Proof that the individual made significant original contributions to
their field of major importance.

4. Membership in Prestigious Organizations: Membership in organizations that require
outstanding achievements for admission, based on recognition by peers in the field.

5. Judging the Work of Others: Experience serving as a judge or panelist in their field,
evaluating the work of others.

6. Critical or Leading Role: Employment in a leading or critical role at organizations that
are renowned or distinguished in their field.

Image by Cleo Vermij
Image by David Hofmann

O-1B

    For individuals in the fields of arts. Qualifying for the O-1B requires showing substantial documentation that the individual has sustained national or international acclaim. Common ways to show extraordinary ability include:

    1. Performing in a lead or starring role in productions or events that have a distinguished reputation.

    2. Published Materials: Articles or papers about the individual's work published in major media
    outlets, trade journals, or academic publications.

    3. Record of major commercial or critically acclaimed successes.

    4. Membership in Prestigious Organizations: Membership in organizations that require
    outstanding achievements for admission, based on recognition by peers in the field.

    5. Evidence that the individual has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts.

    6. Evidence of a high salary in relation to others in the field.

Steps

01

An employer or agent obtains an advisory opinion from a peer group, labor organization, or an expert in the field.

02

An employer or agent submits Petition for O-1 to USCIS.

03

USCIS will review the application and either approve or deny it.

04

If the person is abroad, they will apply for an O-1 visa at the consulate. Once issued the visa, they will enter the United States.

Overview of the Process

The employer will submit a petition for the individual with extraordinary ability. O-1 status is initially granted for a period of up to three years, depending on the length of time required for the event or activity you’re coming to the U.S. for. After the initial period, the visa can be extended in one-year increments as long as the individual continues their extraordinary work.

There is no set limit to how many times you can extend the O-1 visa, meaning that as long as you remain eligible and your work continues, you can renew your status.

There is no annual cap, unlike the H-1B visa. There is no quota restricting the number of O-1 visas issued each year.

The O-1 is dual intent, meaning that you can apply for permanent residency (a green card) while you are on an O-1 visa without risking your non-immigrant status.

Your spouse and children under 21 may accompany you to the United States, although they cannot work.

Applying for the O-1 visa can be complex, and it's crucial to have the right evidence to support your extraordinary ability. Our experienced immigration attorney is here to guide you through the entire process, from petitioning to consular processing or change of status. Whether you're an individual applicant or an employer looking to sponsor extraordinary talent, we can help you build a strong case. Please contact us for a consultation today.

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